Tenancy Tribunal Terminates Tenancy for Anti-Social Behaviour
📌 In brief
The Tenancy Tribunal terminated a tenant's tenancy because of anti-social behaviour by a person living with the tenant's permission. The landlord followed the required notice procedure under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's tenancy can be terminated if anti-social behaviour occurs on the premises with the tenant's permission and the landlord follows the required notice procedure.
📖 Technical summary
The Tribunal terminated the tenancy due to anti-social behaviour by a person with the tenant's permission.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to anti-social behaviour by a person with the tenant's permission, after the landlord provided proper notice and evidence of three incidents within 90 days.
📚 Full judgment Official document
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[2026] NZTT 5510050
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME_3] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY_1], at 11.59 am on Thursday 18 June 2026.
Reasons:
1. The landlord attended the remote hearing.
2. The tenant did not attend the hearing by Teams video link or by telephone. A telephone call was made to the tenant. The call went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
3. The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
4. The tenant resides in semi detached premises with a garage separating the two units. Ms A is the tenant’s [NAME_4].
5. The landlord states that the anti-social behaviour is:
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First Notice
6. The first notice is dated 16 February 2026. This notice relates to an incident on 12 February 2026 at approximately 2.20 am. The landlord provided video evidence. A [NAME_4] was also called to give evidence. In the video, a [NAME_5] is seen emptying his bladder bag onto [NAME_4]’s front lawn. [NAME_4] said that the [NAME_5] was a frequent visitor at the tenant’s premises. [NAME_4] was disgusted by the behaviour.
Second notice
7. The second notice is dated 30 March 2026 and relates to an incident on 18 March 2026. A short video was provided as evidence. A [NAME_4] was also called to give evidence. The video does not have sound. The video shows a [NAME_5] standing at the roadside. The [NAME_5] is dressed in a pair of tracksuit pants and has socks on his feet. He does not have a shirt on. The video shows the [NAME_5] pacing up and down looking at the cars passing by. At one point, the [NAME_5] shadow boxes.
8. The evidence of [NAME_4] expanded on the video evidence. [NAME_4] said that the [NAME_5] in the video lived at the tenant’s house. He was outside at the roadside for approximately 40-50 minutes. [NAME_4] said that the [NAME_5] was stomping around, grunting, muttering and making “mongrel mob” barking noises while clenching his fists and shadow boxing in the driveway. He kicked the letterbox.
9. [NAME_4] said that she had to put her rubbish bin out on that day but felt very unsafe to do so as she would have had to walk past the [NAME_5] in his agitated state. [NAME_4] said that she could not predict how he would react after having witnessed him on previous occasions confronting people walking past, chasing and staring at vehicles and displaying gang signs at them.
Third notice
10. The third notice is dated 24 April 2026. The notice relates to an incident on 19 April 2026 at approximately 7.26 am. The witness said that she saw the same person as referred to in the first notice once again emptying his catheter on her front lawn.
11. Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied:
a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and
b. on each occasion the landlord gave the tenant written notice—
i. describing clearly which specific behaviour was considered to be anti- social and (if known to the landlord) who engaged in it; and
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ii. advising the tenant of the date, approximate time, and location of the behaviour; and
iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and
iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and;
c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
12. The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
13. I have taken into account the evidence presented by the parties as set out above. I have no difficulty in finding that the behaviour referred to in the three notices is anti-social behind behaviour (whether intentional or not) and that that behaviour has reasonably caused distress or nuisance that is more than minor.
14. I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice. The notices have not been challenged by the tenant.
15. I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
16. I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
17. The tenancy is terminated.
S Young
12 June 2026
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tribunal was satisfied that notice of the hearing was given to the tenant, allowing the matter to be heard in their absence.
- The Tribunal found that the landlord provided proper notice and evidence of anti-social behaviour on three separate occasions within a 90-day period.
- The Tribunal determined that the behaviour described in the three notices constituted anti-social behaviour that reasonably caused distress or nuisance that is more than minor.
- The Tribunal concluded that the landlord served notices on the tenant as required by the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the third notice.
- The Tribunal considered it would not be unfair to terminate the tenancy, taking into account the circumstances in which the behaviour arose and the notices were given.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal terminated the tenant's tenancy due to anti-social behaviour by a person with the tenant's permission.
What was the dispute about?
The dispute was about whether the landlord could terminate the tenancy due to anti-social behaviour by a person living with the tenant's permission.
How did the court decide, and why?
The court decided to terminate the tenancy because the landlord followed the required notice procedure and provided evidence of three incidents of anti-social behaviour within 90 days.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was that the landlord provided proper notice and evidence of three incidents of anti-social behaviour within 90 days.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they follow the proper notice procedure and provide evidence of anti-social behaviour to terminate a tenancy.
What evidence or documents mattered?
The evidence that mattered included video footage and witness statements describing the anti-social behaviour.